User Agreement

POWER YOGA ONLINE
USER AGREEMENT

The following User Agreement ("User Agreement") governs the use of the Power Yoga Online service, which is owned and operated by Mushie, a California corporation, doing business as PowerYoga.com (referred to herein as “Power Yoga,” “we,” “our” or “us”).. Please read the rules contained in this User Agreement carefully. Your use of and/or registration on the Power Yoga Website located at www.poweryoga.com (the “Website”) will constitute your agreement to comply with these rules and the rules and regulations provided in the separate Terms of Use and Privacy Policy. If you cannot agree with these rules, the rules and regulations in the Terms of Use and the Privacy Policy, please immediately discontinue any further use of this Website.

The User Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Power Yoga Online section of the Website by you will constitute your acceptance of any changes or revisions to the User Agreement.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to any of our other remedies.

1. Medical Information Disclaimer; Release. The audio and video files containing Bryan Kest’s Power Yoga may present an intensive workout. If at any time you are working out and experience excessive fatigue, we recommend that you refrain from continuing your workout. The instruction and advice presented in the audios and videos available through the Website are in no way a substitute for medical counseling. The audio and video recordings provided on this Website are for educational purposes only, and are in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to trying the yoga positions or exercise programs in these audios or videos, and ask your doctor any questions you may have regarding a medical condition. In addition to all other limitations and disclaimers in this User Agreement and the Terms of Use, Power Yoga disclaims any liability or loss in connection with the content provided on this Website, and you agree that Power Yoga should not be liable in any manner for content provided on this Website and for any injury, death, damage, loss or any claim whatsoever that is related to, or use of, the content of this Website.

2. Registration and Account Creation. You will need to register and/or set up an account to use certain portions of the Power Yoga Online service. In order to do so, you are required to choose a password, User Id, and/or provide other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available.

If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website.

3. Types of Power Yoga Online Services. There are three types of on-demand services which Power Yoga provides to its users:

  1. Media Which are Available to all Users Any user of the Website can play certain media files without creating a user account. This type of access also includes playing 2 minute clips of previews of certain titles;
  2. Donation Based Class Users are required to create a user account, and when they click on a media file,  they are asked if they want to “Donate” (which allows them to volitionally provide a donation to Power Yoga in their sole discretion) or  “Continue” which  just continues to play the media file; and
  3. Subscriber Media The right to view or listen to, up to a maximum total of 100 times per month, any of the programming offered on the Power Yoga Online service, which will be available for a fee on a monthly, quarterly, semi-annual and/or annual basis.

Power Yoga reserves the right to cancel a user’s account if he or she is streaming files more than 50 times in any 30-day period.

You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred (such fees and charges shall collectively be referred to as "Fees"). Power Yoga reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon notice to you.

4. Payment Methods. Power Yoga accepts the following credit cards: (i) VISA or (ii) MasterCard. If a credit card company is being used for a transaction, Power Yoga may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time you submit your subscription for either the monthly, quarterly, semi-annual or annual subscription, or shortly thereafter. If a transaction has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card.

If you submit your credit, debit or charge card information to Power Yoga upon registration or otherwise, you give Power Yoga permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Power Yoga for any reason, including charge back, Power Yoga reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

5. Electronic Signatures and Contracts. When you create an account with Power Yoga and click “I AGREE” to the User Agreement (which includes your agreement to Power Yoga’s Terms of Use and Privacy Policy agreements as well), you acknowledge that you are entering into an agreement with Power Yoga and intend to be bound by and to pay for such products and services as set forth herein.

6. Content Availability. Power Yoga makes every effort to provide a broad content offering. Power Yoga reserves the right to change content options without notice. On occasion, a media file may become unavailable following a transaction but prior to playing.

7. Rules of Usage. Unless otherwise specified, the Power Yoga Online programming is intended for your personal use only. You may not authorize others to play the Power Yoga Online programming, and you may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of Power Yoga Online programming on the Website, and you may not download, copy, reproduce, edit any of the Power Yoga Online programming .

You agree and acknowledge that the Power Yoga Online programming you will watch thru the Website is owned by or licensed to Power Yoga, and you have no claim to any intellectual property right or any other right to the contents of the Power Yoga Online programming in any manner whatsoever.

8. Termination or Suspension of Access to the Website. Power Yoga has the right to modify, terminate and/or suspend your ability to access the Website or any portion thereof, including the Power Yoga Online service, for any or no reason, without notice, and Power Yoga will not be liable to you other than reimbursing you on a pro-rata basis for the time remaining on your subscription, if any, if such suspension or termination was not based on any breach by you of any term, provision or obligation of this User Agreement.

Last Updated: May 15, 2013